Single Judge court granted bail to Sunil Kumar accused of corruption related to pension benefits after framing of charge, subject to furnishing bonds and specific conditions.
Petitioner released on bail after framing of charge on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40966 of 2022
Arising Out of PS. Case No.-17 Year-2022 Thana- VIGILANCE District- Patna
======================================================
SUNIL KUMAR S/o Jagu Das Resident of Lipik Prathamik Sawasth Kendra Tankuppa, Gaya, Permanent R/o village- Narada, P.S.- Khijar Saray, DistrictGaya (Bihar)
... ... Petitioner/s
Versus
The State of Bihar through the Vigilance, Patna, Bihar Bihar
... ... Opposite Party/s
| =============== Appearance : For the Petitioner/s For the Vigilance =============== |
======================================= : Mr.Krishna Pd. Singh, Sr. Adv. Mr.Bhaskar Shankar, Adv. : Mr.Rana Vikram Singh, (Spl.PP) ======================================= |
|---|---|
| CORAM: HONOU | RABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER |
3 22-11-2022
Learned counsel for the petitioner is permitted to
make necessary correction in para 14 of the bail petition during course of the day.
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
Heard the parties.
The petitioner seeks bail in connection with Special Case No. 23/2022 arising out of Vigilance P.S. Case No. 17/2022 registered for the offences punishable under Sections 7(a) of the Prevention of Corruption Act.
As per prosecution case, the informant alleged that his wife died during course of treatment and when he met petitioner
Patna High Court CR. MISC. No.40966 of 2022(3) dt.22-11-2022 2/4
accused Sunil Kumar, Clerk in Tankuppa P.H.C. for getting benefit of death cum retiral benefit. The petitioner has further explained that final settlement amount of Rs.20,00000/- (Twenty lac) and pension amount Rs.31,100/- has been fixed by the A.G. Bihar and it is alleged that the petitioner is making demand of Rs.80,000/- as bribe amount for doing his work @ 4% total payable to him. It is further alleged that a trap team was constituted and the said team reached at the place of occurrence where the petitioner was caught red handed and amount of Rs. 55,000/- was recovered from the petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The petitioner is languishing in custody since 04.04.2022 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. He further submits that all the dues regarding death-cum-retiral benefit of the petitioner’s wife has already been sent through Letter no. 253/Ko. dated 01.04.2022, which is at Annexure-2 of the bail petition.
The learned Special P.P. for the Vigilance vehemently opposed the prayer for bail of the petitioner and submits that the petitioner is not ready to give the voice sample which is against
Patna High Court CR. MISC. No.40966 of 2022(3) dt.22-11-2022 3/4
the spirit of law inspite of the direction of learned Special Court.
Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna in connection with special Case No. 23/2022 arising out of Vigilance P.S. Case No. 17/2022, subject to following conditions:-
(i) One of the bailors shall be wife of the petitioner who has sworn the affidavit in bail application.
(ii) Petitioner shall remain present on each and every dates of trial in the learned court below, failing which the bail bond shall stand cancelled.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time
Patna High Court CR. MISC. No.40966 of 2022(3) dt.22-11-2022 4/4
of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of very month.
(Alok Kumar Pandey, J)
amitkumar/-
U T
1 issue framed by the court
Whether the petitioner be released on bail after framing of charge in an offence under Section 7(a) of the Prevention of Corruption Act.
1 provisions across 1 enactments
Sunil Kumar
The State of Bihar through the Vigilance, Patna
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
